Hauer to rail companies: No FOIL exemptions for you

State Division of Homeland Security and Emergency Services Commissioner Jerry Hauer has informed the rail companies CSX Transportation and the Canadian Pacific Railway Company that their required disclosures of routes can’t be exempted from state FOIL requirements. The companies, which ship large amounts of crude from the Bakken fields through New York State, are asking states along their routes to sign non-disclosure agreements.

Last month, CSX spokesman Rob Doolittle said states that do not sign will not receive the information. But federal rules impose fines of up to $175,000 a day on railroads that do not supply reports to a state.

Here’s Hauer’s statement on the decision:

“After careful consideration of the request from both CSX Transportation and the Canadian Pacific Railway Company for the State Emergency Response Commission (Commission) to enhance protection of or enter into a non-disclosure agreement (NDA) covering the information the railroads are providing to New York State pursuant to the USDOT’s May 7, 2014 Emergency Order, the State has concluded that the information provided does not necessitate additional information security measures to ensure the protection of public safety. Therefore, the State will not agree to any such NDA, whether expressly requested or implicit. The State’s review concluded that the information is not sensitive security information, will be distributed to local emergency planners, and must be made available to the public through the FOIL process.”

Casey Seiler

10 Responses

wow, he went at that with laser-like focus and such. armed with the facts and all. and since he is the right side of one of the fave issues of the TU (glad trains have never carried toxic substances, inflammable liquids, chemicals and gas ever before!) all is forgiven and you can open carry anywhere, just don’t point that thing at me.

Great! Now the railroads will just do what the State Police do all the time- release the info, but redact most of claiming it might be an ‘unwarranted invasion of personal privacy”. Follow the law? We are the law!

Idiots. It reminds me of the post 911 decree by homeland security for all municipalities to provide a “critical infrastructure” report that disclosed system vulnerabilities. Municipal officials scoffed, stating that why would we compile that hard to gather information in one place and then hand it over out of our local control. Does making a map of the oil pipeline train available to the public sound like a good idea?